Section 7 in The Motor Vehicles Act, 1939

7. Grant of driving Licence. 2[

(1) Any person who is not disqualified under section 4 for driving a motor vehicle and who is not for the time being disqualified for holding or obtaining a driving licence may apply to the licensing authority having jurisdiction in the area-

(i) in which he ordinarily resides or carries on business, or

(ii) in which the school or establishment where he is receiving or has received instruction in driving a motor vehicle is situate, or

(iii) if the application is for a driving licence to drive as a paid employee, in which the employer resides or carries on business, for the issue to him of a driving licence.]

(2) Every application under sub- section (1) shall be in Form A as set forth in the First Schedule, shall be signed by, or bear the thumb impression of, the applicant in two places 4[ shall contain the information required by the form and shall be accompanied by there clear copies of a recent photograph of the applicant]

(3) Where the application is for a 5[ driving licence]' to drive as a paid employee or to drive a transport vehicle, or where in any other case the licensing authority for reasons to be stated in writing so requires, the application shall be accompanied by a medical certificate in Form C, as set forth in the First Schedule, signed by a registered medical practitioner. 4[

(5) If, from the application or from the medical certificate referred to in sub- section (3), it appears that the applicant is suffering from any disease or disability specified in the Second Schedule or any other disease or disability which is likely to cause the driving

1. Subs. by Act 100 of 1956, s. 4, for" licence" (w. e. f. 16- 2- 1957 ).

2. Subs. by Act 56 of 1969, s. 4, for sub- section (1) (w. e. f. 2- 3- 1970 ).

3. Subs. by Act 100 of 1956, s. 5 for" licence" (w. e. f. 16- 2- 1957 ).

4. Subs. and Omitted by Act 47 of 1982, s. 2 (w. e. f. 1- 10- 1982 ).

by him of a motor vehicle of the class which he would be authorised by the 1[ driving licence] applied for to drive to be a source of danger to the public or to the passengers, the licensing authority shall re- fuse to issue the 2[ driving licence]: Provided that-

(a) a 3[ driving licence] limited to driving an invalid carriage may be issued to the applicant, if the licensing authority is satisfied that he is fit to drive such a carriage,

(b) the applicant may, except where he suffers from a disease or disability specified in the Second Schedule, claim to be subjected to a test of his fitness or ability to drive a motor vehicle of a particular construction or design, and, if he passes such test to the satisfaction of the licensing authority and is not otherwise disqualified, the licensing authority shall grant him a 4[ driving licence] to, drive such motor vehicle as the licensing authority may specify in the 1[ driving licence].

(6) No. 1[ driving licence] shall be issued to any applicant unless-- 2[ he passes to the satisfaction of the licensing authority the test of competence to drive specified in the Third Schedule. 3[ 3[ 4[ Provided that, where the application is for a licence to drive a motor cycle or a light motor vehicle, the licensing authority shall exempt the applicant from Part I of the test specified in the Third Schedule, if the licensing authority is satisfied-

(a) that the applicant has previously held a licence to drive and that the period between the date of expiry of that licence and the date of such application does not exceed five years; or

(b) that the applicant holds a driving licence issued by a competent authority of any country outside India:]

1. Subs. by Act 100 of- 1956, s. 5, for" licence" (w. e. f. 16- 2- 1957 ).

2. The brackets and letter" (a)" omitted by Act 20 of 1942, s. 4.

3. The word" or" and clause" (b)" omitted by s. 4, ibid.

4. Subs, by Act 100 of 1956, s. 5. for the first proviso (w. e. f. 16- 2- 1957 ).

Provided further that where the application is for a 1[ driving licence] to drive a motor vehicle (not being a transport vehicle) otherwise than as a paid employee, the licensing authority may exempt the applicant from 2[ the test specified in the Third Schedule if the applicant possesses a driving certificate issued by an automobile association recognised in this behalf by the State Government.

(7) 3[ The test of competence to drive shall be carried out in a vehicle of the type' to which the application refers, and, for the purposes of Part I of the test,-

(a) 9[ a person who passes the test in driving a heavy goods vehicle shall be deemed also to have passed the test in driving any medium goods vehicle or light motor vehicle;

(b) a person who passes the test in driving a heavy passen- ger motor vehicle shall be deemed also to have passed the test in driving any medium passenger motor vehicle or light motor vehicle;

(c) a person who passes the test in driving a medium goods vehicle or a medium passenger motor vehicle shall be deemed also to have passed the test in driving any light motor vehicle.]

(7A) 9[ Notwithstanding anything contained' in subsection (7), any person, who has a valid driving licence granted before the commencement of the Motor Vehicles (Amendment) Act, 1978 , authorising him to drive a heavy motor vehicle or, as the case may be, a medium motor vehicle, shall, for the period specified in such licence, be Permitted to drive-

(a) any heavy goods vehicle, heavy passenger motor vehicle, medium goods vehicle, medium passenger motor vehicle, or light motor vehicle, where the licence is for driving any heavy motor vehicle;

(b) any medium goods vehicle, medium passenger motor vehicle, or light motor vehicle, where the licence is for driving any medium motor vehicle.]

(8) When an application has been duly made to the appropriate licensing authority and the applicant has satisfied such authority of his physical fitness and of his competence to drive and has paid to the authority 8[ such fee as the Central Government Rules made under this Act, specify] the licensing authority shall grant the applicant a 1[ driving licence] unless the applicant is disqualified under section 4 for driving a motor vehicle or is for the time being disqualified for holding or obtaining a 1[ driving licence]: Provided that,- 5[ 6[ a licensing authority may issue a 1[ driving licence] to drive a motor cycle or a 7[ light motor vehicle] not- withstanding that it is not the appropriate licensing authority, if the licensing authority is satisfied that there is good reason for the applicant' s inability to apply to the appropriate licensing authority;

1. Subs. by Act 100 of 1956, s. 5, for" licence" (w. e. f. 16- 2- 1957 ).

2. The words" Part I of" omitted by Act 20 of 1942, s. 4.

3. Subs. by Act 100 of 1956, s. 5, for the original sub- section (w. e. f. 16- 2. 1957 ).

4. Subs. by s. 5, ibid., for" five rupees" (w. e. f. 16- 2- 1957 ).

5. Cl. (a) omitted by Act 20 of 1942, s. 4.

6. The brackets and letter" (b)" omitted by s. 4. ibid.

7. Subs, by Act 100 of 1956, s. 5, for" motor car" (w, e. f. 16- 2- 1957 ).

8. Subs. by Act 27 of 1977, s. 2 (w. e. f. 1- 1- 1978 ).

9. Subs. and Ins. by Act 47 of 1978, S. 3 (w. e. f. 16- 1- 1979 ).

1[ Provided further that the licensing authority shall not issue a new driving licence to the applicant, if he had previously held a driving licence issued under this Act, unless it is satisfied that there is good reason for his inability to obtain a duplicate copy of his former licence.]